Understanding How a DUI Lawyer Can Defend You After Failing a Breath Test in Florida
If you’ve been charged with DUI after failing a roadside breath test in Florida, it’s natural to feel like your options are limited. A failed breath test can seem like the final nail in the coffin. However, there are numerous defenses that a skilled DUI lawyer can employ to challenge the validity of the test and help you fight the charges. Let’s break down what you need to know about breath tests, the legal issues involved, and how having the right attorney can make a difference.
Understanding the Roadside Breath Test
In Florida, roadside breath tests are commonly administered during traffic stops when officers suspect a driver is impaired. The device used for these tests, often referred to as a breathalyzer, measures the amount of alcohol in a person’s breath and translates that into a blood alcohol concentration (BAC) level. Under Florida law, a BAC of 0.08% or higher typically results in a DUI charge.
While failing a breath test might seem definitive, there are several reasons why the test results could be inaccurate or inadmissible in court. That’s where we, as Florida DUI defense lawyers, come into play. We carefully review every aspect of your case to uncover any errors or violations of your rights that can be used to challenge the results.
Legal Issues Surrounding Roadside Breath Tests
The key statute governing DUI in Florida is Florida Statute § 316.193. This statute sets out the legal BAC limits and details the penalties associated with a DUI conviction. However, failing a breath test does not mean an automatic conviction. There are several legal issues that can arise, which could work in your favor.
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Unreliable Breath Test Results:
Breathalyzers are not foolproof. They require regular calibration and maintenance to ensure accurate readings. If the machine wasn’t properly calibrated, the results could be inaccurate. Your attorney will investigate the history of the breathalyzer used to see if there’s any indication of malfunction. -
Improper Administration of the Test:
The officer administering the test must follow specific procedures to ensure the results are accurate. For instance, they should observe you for at least 20 minutes before conducting the test to ensure that no substances (like mouthwash or food) interfere with the results. If they fail to follow these steps, we can challenge the validity of the test results. -
Medical Conditions That Affect Results:
Certain medical conditions, such as acid reflux or diabetes, can lead to falsely elevated BAC readings on a breath test. If you suffer from one of these conditions, we’ll work to show how it could have affected the results of your test. -
Illegal Traffic Stop:
Before even addressing the breath test results, it’s important to determine whether the officer had a legal reason to stop your vehicle in the first place. If the stop was unlawful, we may be able to get the entire case dismissed, regardless of the breath test results.
What Happens After You Fail a Roadside Breath Test?
After failing a roadside breath test, the officer will likely arrest you for DUI and you’ll be taken into custody. At this point, your driver’s license will be suspended unless you request a hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) within ten days of your arrest. This administrative hearing is separate from the criminal case and determines whether you’ll be able to keep your license during the DUI proceedings.
In the criminal case, the prosecution will use the breath test results as evidence of your impairment. However, as we’ve already discussed, those results can be challenged. Our goal is to build a defense that raises doubts about the accuracy of the breath test or the legality of the traffic stop, with the ultimate aim of reducing or dismissing the charges against you.
Penalties for a DUI Conviction After Failing a Breath Test
If the breath test results are not successfully challenged and you’re convicted of DUI, the penalties can be severe. For a first-time offense in Florida, you could face:
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Fines:
The fines for a first-time DUI conviction range from $500 to $1,000. However, if your BAC was 0.15% or higher, or if a minor was in the vehicle, fines increase to between $1,000 and $2,000. -
Jail Time:
A first-time DUI conviction carries a potential jail sentence of up to six months. If your BAC was over 0.15% or there were aggravating factors, the jail time could increase to nine months. -
License Suspension:
A DUI conviction typically results in a license suspension of six months to one year. You may be eligible for a hardship license that allows you to drive for work or school after completing a DUI program. -
Ignition Interlock Device (IID):
For certain offenders, the court may order the installation of an ignition interlock device (IID) in your vehicle. This device requires you to blow into it to check your BAC before starting the car. If your BAC was 0.15% or higher, an IID is mandatory for at least six months.
These penalties can significantly disrupt your life, which is why it’s critical to challenge the breath test and work with a DUI defense attorney who understands how to contest these cases.
Defending Against DUI Charges After Failing a Breath Test
While the situation may seem bleak after failing a roadside breath test, we can still employ several defenses to challenge the DUI charge:
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Questioning the Breath Test Calibration:
We will request maintenance and calibration records for the breathalyzer used in your test. If there’s any indication that the machine wasn’t calibrated correctly, we can argue that the results are unreliable. -
Challenging the Officer’s Observations:
The officer’s testimony about your behavior during the traffic stop is often a key part of the prosecution’s case. We’ll examine their report and body camera footage to see if their observations match up with the evidence. If there’s any inconsistency, it can weaken the prosecution’s case. -
Showing Medical or External Factors:
We may also work to show that a medical condition or external factor (like recent dental work or the use of certain medications) could have led to a false positive on the breath test. -
Negotiating a Plea Deal:
In some cases, it may be in your best interest to negotiate a plea deal, especially if the evidence against you is strong. However, this is something we would only consider after thoroughly examining the evidence and discussing all available options with you.
How a DUI Lawyer Can Help You
If you’ve been charged with DUI after failing a roadside breath test, having an experienced DUI lawyer on your side can make a huge difference. We can help you by:
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Conducting a Thorough Investigation:
We’ll gather evidence, including police reports, breathalyzer maintenance records, and any available video footage, to build your defense. -
Challenging the Prosecution’s Evidence:
We will scrutinize every aspect of the prosecution’s case, from the legality of the traffic stop to the reliability of the breath test results. -
Representing You in Court:
We’ll handle all court appearances and ensure that your rights are protected throughout the legal process. -
Fighting for the Best Outcome:
Whether it’s getting the charges reduced, dismissed, or negotiating a favorable plea deal, we’ll work tirelessly to secure the best possible outcome for your case.
Florida DUI Breath Test FAQs
Can a roadside breath test be challenged in court?
Yes, roadside breath test results can be challenged in court. There are various defenses that can be used to question the accuracy of the test, such as improper calibration of the breathalyzer, the officer’s failure to follow correct procedures, or medical conditions that could cause a false reading.
What happens if I refuse a roadside breath test in Florida?
In Florida, refusing a roadside breath test can lead to an automatic license suspension under the state’s implied consent law. For a first refusal, your license will be suspended for one year. A second refusal can result in an 18-month suspension and possible misdemeanor charges.
Is failing a breath test a guaranteed DUI conviction?
No, failing a breath test does not guarantee a DUI conviction. Breathalyzer results can be challenged in several ways, and a skilled DUI attorney can help you fight the charges. It’s important to remember that the breath test is just one piece of evidence and not the final word on your case.
Can medical conditions affect breathalyzer results?
Yes, certain medical conditions, like acid reflux or diabetes, can cause elevated BAC readings. These conditions can lead to false positives on breath tests, and your attorney can use this information to challenge the results in court.
How long will my driver’s license be suspended after failing a breath test?
If you fail a breath test and are convicted of DUI, your driver’s license could be suspended for six months to one year for a first offense. The length of suspension increases for repeat offenses. However, you may be eligible for a hardship license after completing a DUI program.
Call Musca Law 24/7/365 at 1-888-484-5057 for your FREE Consultation
If you’ve been charged with DUI after failing a roadside breath test, don’t face it alone. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.